The Priority List Arizona Follows
This statute answers a common question in healthcare planning. What happens if you do not have a health care power of attorney and cannot speak for yourself? Arizona does not leave the answer to chance.
The law sets a specific order of priority for who can make medical treatment decisions on your behalf.
If the patient has a health care power of attorney that meets the requirements of section 36-3221, the patient's designated agent shall act as the patient's surrogate. However, if the court appoints a guardian for the express purpose of making health care treatment decisions, that guardian shall act as the patient's surrogate.
A.R.S. § 36-3231(A)When no healthcare agent or court-appointed guardian exists, the law turns to family. The order is: (1) your spouse, unless legally separated, (2) your adult children, where a majority of those available must agree, and (3) a parent.
After that, the list continues with (4) your domestic partner if unmarried, (5) a sibling, and (6) a close friend familiar with your healthcare wishes.
When No Surrogate Can Be Found
If no one on the list can be located, your attending physician may make healthcare decisions. The physician must first consult with an institutional ethics committee.
If that is not possible, the physician may proceed after consulting with a second physician. That second physician must agree with the proposed course of treatment.
This fallback exists because medical decisions sometimes cannot wait. As a result, having a health care power of attorney matters greatly. Without one, people you have never met may direct your care.
Mental Health Care Has Additional Protections
Arizona draws a careful line around mental health treatment. A surrogate who is not your designated agent or guardian generally cannot authorize admission to a psychiatric facility.
The exception is narrow. A mental health professional may find you unable to make health care decisions. They may also find you likely to suffer serious physical harm without immediate hospitalization. In that case, a surrogate can consent to emergency admission.
However, someone must file a petition for court-ordered evaluation or guardianship within forty-eight hours. Otherwise, you must be discharged. These rules balance family involvement with individual rights.
Common Question About This Statute
Many Arizonans assume their spouse will automatically be in charge of their medical care. The surrogate hierarchy in this statute is the reason that is often (but not always) true. For a plain-English walkthrough of how the priority list applies in marriage, blended-family, and no-document scenarios, see our FAQ: Who makes medical decisions if I am incapacitated in Arizona — can my spouse decide?